Holmes v. Henderson

In order to achieve what it apparently perceives to be a better result, the majority initially disregards the fact that the jury’s finding that the partnership owns the property is itself wholly dependent on the imposition of an implied trust. If the trust cannot be imposed, then the partnership cannot be the owner of the property. The majority also refuses to acknowledge forthrightly the contradictory nature of the jury’s special verdict, and construes the findings of unclean hands to mean the opposite of what the language actually signifies. In that portion of its opinion which most…